Business Plan - Venture Care How to close a limited company Procedure for win | Page 2

A Limited Liability Partnership can be closed down by declaring the LLP as defunct.
Declaring the LLP as Defunct: In case the LLP wants to close down its business or where it
is not carrying on any business operations for the period of one year or more, it can make
an application to the Registrar for declaring the LLP as defunct and removing the name of
the LLP from its register of LLP’s.
closing a limited company
Procedure:
File E-Form 24 with the RoC along with the following documents:
Copy of detailed application. There is a prescribed format of detailed application in MCA
which needs to be submitted.
Copy of authority to make the application.
Copy of consent of all the partners.
Copy of consent of all the creditors.
Copy of affidavit for each of the designated partners.
Copy of the undertaking/ indemnity bond for striking off name.
Statement of assets and liabilities duly certified as true and correct by auditor/chartered
accountant in practice.
Copy of acknowledgement of latest Income tax return.
Attested (by CA) copies of PAN and address proof of all designated partners/partners.
A paragraph of reason for which the LLP is proposed to be shut down.
Once all the documents are executed, the same are filed with the Registrar in e-form 24.
The Registrar will keep the application open for a period of one month to check if there are
any objections and once it is satisfied, an order will be issued to strike off the name of the
LLP from its records and complete the process.
Although this process does take some time, it is one of the most convenient ways to close a
LLP, which has not undertaken any business during the last one year.
Under Companies Act 2013, a Company can be closed in two ways.
Winding Up a limited company
Winding up is a tedious process and can be done either voluntary by calling up a meeting
of all stakeholders and passing a special resolution or can be done on the order of Court
or Tribunal. Strike Off mode was introduced by the MCA to give the opportunity to the
defunct companies to get their names struck off from the Register of Companies. On 27th
December 2016, MCA has notified new rules i.e. Companies (Removal of Names of
Companies from the Register of Companies) Rules, 2016 prescribing rule for winding up
or closure of the private limited company under companies act 2013. By releasing the
form STK 2, the ministry of Corporate Affairs has brought the Section 248- 252 of 2013